Flexible Working Policy

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2 Reader information Reference CCG Document purpose HR002 NHS Nottingham West CCG Sets out the policy for flexible working for staff at Nottingham West CCG Version V2.0 Title Author AGEM HR Business Partners Director of Corporate Development Beachcroft LLP CCG Approval Date CCG Approving Committee Governing Body Review Date November 2019 Groups/staff Consulted Target audience Circulation list Associated documents NHS Nottingham West CCG CCG staff CCG staff Special Leave Policy Maternity, Paternity, Adoption and Parental Leave Policy Superseded documents V1.0 Sponsoring Director Chief Officer 2

3 CONTENTS PAGE NO 1. INTRODUCTION DEFINITIONS SCOPE TYPES OF FLEXIBLE WORKING ELIGIBILTY FOR THE FORMAL RIGHT TO REQUEST PROCEDURE MAKING A FORMAL RIGHT TO REQUEST FORMAL PROCEDURE - MEETING FORMAL PRCOEDURE - DECISION FORMAL PROCEDURE - APPEAL BREACHES OF THE FORMAL PROCEDURE ELIGIBILTY FOR THE INFORMAL RIGHT TO REQUEST PROCEDURE MAKING AN INFORMAL REQUEST INFORMAL PROCEDURE - MEETING INFORMAL PROCEDURE - DECISION INFORMAL PROCEDURE - APPEAL DUE REGARD EQUALITY STATEMENT REVIEW APPENDIX 1 FORMAL AND INFORMAL FLEXIBLE WORKING REQUEST CHECKLIST APPENDIX 2 FLEXIBLE WORKING APPLICATION FORM

4 1. INTRODUCTION 1.1 This gives eligible employees an opportunity to formally request a change to their working pattern in accordance with the Equality Act 2010 statutory procedure for such requests. 1.2 It allows any employee to make such a request informally without following the statutory procedure. 1.3 Managers are encouraged to facilitate requests unless they cannot be accommodated for business or operational reasons. 1.4 No-one who makes a request for flexible working will be discriminated against or suffer any detriment for changing their work pattern in accordance with this policy. 1.5 This policy does not form part of any employee's contract of employment and it may be amended at any time. 1.6 Employees are encouraged to discuss flexible working requests with their Line Manager. 2. DEFINITIONS 2.1 Partner means someone an employee live with as if they were married or in a civil partnership. 3. SCOPE 3.1 This policy applies to all employees. It does not apply to agency workers, consultants or self-employed contractors. 3.2 Employees with at least 26 weeks' continuous service have a statutory right to request flexible working. That right is recognised by the formal procedure in this policy. The criteria for deciding who is eligible to follow the formal procedure are set out at paragraph Employees who do not meet the eligibility criteria for the formal procedure, but who want to make changes to their working arrangements, may make an informal request under paragraphs 11 to 15 to their Line Manager, who will consider the request according to the CCG s business and operational requirements. 3.4 Employees can only make one request either formal or informal to work flexibly in a 12 month period. 4

5 Therefore, any employee who has made a request to work flexibly during the 12 months preceding the date of their most recent application will not be eligible to apply. 3.5 In implementing this policy, managers must ensure that all employees are treated fairly and within the provisions and spirit of the CCG s Equality and Diversity in Employment Policy. 4. TYPES OF FLEXIBLE WORKING 4.1 The following are examples of flexible working patterns which the CCG may support although any other proposals may be considered: Compressed working hours; Part time working; Job share; Annual hours; Flexible working time; Flexible location; and Flexible Retirement. 4.2 This policy is not to be implemented where there is a need for an immediate period of leave. This is to be covered in the Special Leave policy. 5. ELIGIBILITY FOR THE FORMAL RIGHT TO REQUEST PROCEDURE 5.1 Requests under the formal procedure set out in paragraphs 6 to 9 of this policy can only be made by employees who meet the criteria set out below. 5.2 To be eligible to make a request under the formal procedure, the employee must: be an employee; have worked for us continuously for 26 weeks at the date their request is made; and not have made a formal request to work flexibly during the last 12 months. 5

6 6. MAKING A FORMAL RIGHT TO REQUEST 6.1 Employees will need to submit a Flexible Working Application Form (see Appendix 2) for the flexible working request to be considered under the formal procedure. 6.2 Employees written and dated application should be submitted to their Line Manager and, in order to meet the requirements of the formal procedure and to help their Line Manager consider their request, should: state the reason for their request provide as much information as they can about their current and desired working pattern, including working days, hours and start and finish times, and give the date from which they want their desired working pattern to start; identify the effect the changes to their working pattern will have on the work that they do, that of their colleagues and on service delivery. If they have any suggestions about dealing with any potentially negative effects, to please include these in their written application; provide information to confirm that they meet the eligibility criteria set out in paragraph 5 of this policy; state whether they have made a previous formal request for flexible working and, if so, when; and submit the request in good time and ideally at least two months before they wish the changes they are requesting to take effect. 6.3 The CCG might be able to agree their proposal without the need for a meeting (which is the next stage of the formal procedure). If that is the case, their Line Manager will write to them, confirming the decision and explaining the changes that will be made to their contract of employment. 6.4 If their proposal cannot be accommodated, discussion between them and their Line Manager may result in an alternative working pattern that can assist them. 6.5 Please refer to the Formal Flexible Working Request Checklist (Appendix 1). 6

7 7. FORMAL PROCEDURE MEETING 7.1 Where possible, their Line Manager will attempt to arrange to meet with them within 14 days of their application being submitted; however, this meeting will take place no longer than 28 days after receipt of their application. The meeting will also be attended by a AGEM Human Resources Business Partner. They may bring a colleague to the meeting as a companion if they wish. Their companion will be entitled to speak during the meeting and confer privately with them, but may not answer questions on their behalf. 7.2 In most cases, the meeting will be held at their usual place of work. However, the CCG will ensure that the meeting is held at a time and place that is convenient to them. 7.3 The meeting will be used to consider the working arrangements they have They will be able to discuss what impact their proposed working arrangements will have on their work and that of their colleagues and of their team or department. If the arrangements they have requested cannot be accommodated, discussion at the meeting will also provide an opportunity to explore possible alternative working arrangements. 7.4 Their Line Manager may suggest starting new working arrangements under an initial trial period to ensure that they meet their needs and those of their team or department. 8. FORMAL PROCEDURE - DECISION 8.1 Following the meeting, their Line Manager will notify them of the decision in writing within 14 days. 8.2 If their request is accepted, or where the CCG propose an alternative to the arrangements they requested, their Line Manager will write to them with details of the new working arrangements, details of any trial period, an explanation of changes to their contract of employment and the date on which they will commence. They will be asked to sign and return a copy of the letter. This will be placed on their personnel file to confirm the variation to their terms of employment. There may also be some additional practical matters, such as arrangements for handing over work that their Line Manager will discuss with them. 8.3 Unless otherwise agreed (and subject to any agreed trial period) changes to their terms of employment will be permanent. They will not be able to make another formal request until 12 months after the date of their most recent request. 8.4 If their Line Manager needs more time to make a decision, they will ask for 7

8 their agreement to delay the decision for up to a further 14 days. A request for an extension is likely to benefit them. For example, their Line Manager may need more time to investigate how their request can be accommodated or to consult several members of staff. 8.5 There will be circumstances where, due to business and operational requirements, the CCG is unable to agree to a request. 8.6 In these circumstances, their Line Manager will write to them: giving the business reason(s) for turning down their application; explaining why the business reasons apply in their case; and setting out the appeal procedure. 8.7 The eight business reasons for which the CCG may reject their request are: the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods that are proposed to be worked; and planned changes. 9. FORMAL PROCEDURE - APPEAL 9.1 If their request is rejected, they have the right to appeal. 9.2 Their appeal must: be in writing and dated; set out the grounds on which they are appealing; and be sent to the manager identified in the outcome letter within 14 days of the date on which they received the written rejection of their request. 9.3 The manager identified in the outcome letter will arrange for a meeting to take place within 14 days of receipt of their appeal. The meeting will be held at a 8

9 convenient time for all those attending and, as at the meeting that considered their request, they may be accompanied by a colleague. 9.4 An Appeal Panel consisting of the originating Manager, AGEM Human Resources Business Partner and the relevant Director will hear the appeal. 9.5 They will be informed in writing of the Appeal Panel's decision within 14 days of the date of the appeal meeting. 9.6 If their appeal is upheld, they will be advised of their new working arrangements, details of any trial period, an explanation of changes to their contract of employment and the date on which they will commence. They will be asked to sign and return a copy of the letter. This will be placed on their personnel file to confirm the variation to their terms of employment. There may also be some additional practical matters, such as arrangements for handing over work that their Line Manager will discuss with them. 9.7 They should be aware that changes to their terms of employment will be permanent and they will not be able to make another formal request until 12 months after the date of their original application. 9.8 If their appeal is rejected, the written decision will give the business reason(s) for the decision and explain why the reason(s) apply in their case. They will not be able to make another formal request until 12 months after the date of their original application. 9.9 The decision made by the relevant Director at the end of this appeal is final and absolute, and there are no other mechanisms open for appeal within the CCG. 10. BREACHES OF THE FORMAL PROCEDURE 10.1 There will be exceptional occasions when it is not possible to complete a stage of the procedure within the expected time limits. Where an extension of time is agreed with them, the Line Manager will write to them confirming the extension and the date on which it will end If they withdraw a formal request for flexible working, they will not be eligible to make another formal request for 12 months from the date of their original request. In certain circumstances, a request made under the formal procedure will be treated as withdrawn. This will occur if: they fail to attend two meetings under the formal procedure without reasonable cause; or they unreasonably refuse to provide information the CCG requires 9

10 to consider their request In such circumstances, their Line Manager will write to them confirming that the request has been treated as withdrawn. 11. ELIGIBILITY FOR THE INFORMAL RIGHT TO REQUEST PROCEDURE Requests under the informal procedure set out in to paragraphs 12 to 15 of this policy can be made by all employees, at all levels and in all areas of work To be eligible to make a request under the informal procedure, employees must: be an employee; have worked for us continuously for 26 weeks at the date their request is made; and not have made a formal request to work flexibly during the last 12 months. 12. MAKING AN INFORMAL REQUEST 12.1 Employees who wish to make an informal request for flexible working may make a request to their Line Manager, who will consider it according to the CCG s business and operational requirements. A Flexible Working Application Form must be completed and forwarded to the Line Manager (See Appendix 2 Flexible Working Application Form ) It will help their Line Manager to consider their request if they: make their request in writing and confirm whether they wish any change to their current working pattern to be temporary or permanent; provide as much information as they can about their current and desired working pattern, including working days, hours and start and finish times, and give the date from which they want their desired working pattern to start; think about what effect the changes to their working pattern will have on the work that they do and on their colleagues, their team and department as well as on the CCG service delivery. If they have any suggestions about dealing with any potentially negative effects, to please include these in their written application. Their Line Manager can consider whether they are workable; and 12.3 The CCG may be able to agree their proposal without the need for a meeting. 10

11 If that is the case, their Line Manager will write to them, confirming the decision Please refer to the Informal Flexible Working Request Checklist (Appendix 1). 13. INFORMAL PROCEDURE - MEETING 13.1 Where possible, the Line Manager will attempt to arrange to meet within 14 days of their application being submitted; however, this meeting will take place no longer than 28 days after receipt of their application. The meeting will also be attended by a GEM Human Resources Business Partner. They may bring a colleague to the meeting as a companion if they wish. Their companion will be entitled to speak during the meeting and confer privately with them, but may not answer questions on their behalf The meeting will be used to consider the working arrangements they have requested. They will also be able to discuss what impact their proposed working arrangements will have on their work and that of their colleagues and of their team or department. If the arrangements they have requested cannot be accommodated, discussion at the meeting also provides an opportunity to explore possible alternative working arrangements Their Line Manager may suggest starting new working arrangements under an initial trial period to ensure that they meet their needs and those of their team or department. The arrangements will be reviewed at the end of the trial period and the Line Manager will determine whether trial has been successful and if the working pattern can become permanent. 14. INFORMAL PROCEDURE - DECISION 14.1 Following the meeting, their Line Manager will notify them of the decision in writing within a reasonable timeframe If their request is accepted, or where the CCG propose an alternative to the arrangements they requested, their Line Manager will write to them with details of the new working arrangements, details of any trial period, an explanation of changes to their contract of employment and the date on which they will commence. They will be asked to sign and return a copy of the letter. This will be placed on their personnel file to confirm the variation to their terms of employment. There may also be some additional practical matters, such as arrangements for handing over work that their Line Manager will discuss with them Unless otherwise agreed (and subject to any agreed trial period) changes to their terms of employment will be permanent. 15. INFORMAL PROCEDURE APPEAL 15.1 If their request is rejected, they may make an appeal using the 11

12 procedure described in this policy in section DUE REGARD 16.1 This policy has been reviewed in relation to having due regard to the Public Sector Equality Duty (PSED) of the Equality Act 2010 to eliminate discrimination; harassment; victimisation; to advance equality of opportunity; and foster good relations between the protected groups. 17. EQUALITY STATEMENT 17.1 NHS Nottingham West Clinical Commissioning Group (CCG) aims to design and implement policy documents that meet the diverse needs of the CCG s services, population and workforce, ensuring that none are placed at a disadvantage over others. It takes into account current UK legislative requirements, including the Equality Act 2010 and the Human Rights Act 1998, and promotes equal opportunities for all. This document has been designed to ensure that no-one receives less favourable treatment due to their personal circumstances, i.e. the protected characteristics of their age, disability, sex (gender), gender reassignment, sexual orientation, marriage and civil partnership, race, religion or belief, pregnancy and maternity. Appropriate consideration has also been given to gender identify, socio-economic status, immigration status and the principles of the Human Rights Act In carrying out its function, NHS Nottingham West CCG must have due regard to the Public Sector Equality Duty (PSED). This applies to all activities for which the CCG is responsible, including policy development, review and implementation. 18. REVIEW The will be reviewed periodically every three years (or earlier if changes in the law or any other circumstances require it) and will be approved by the Governing Body. 12

13 Appendix 1 Formal and Informal Flexible Working Request Checklist Employee must have at least 26 weeks continuous employment Employee to put their request in writing Meeting to discuss the request should be held with the employee within 28 days of receipt of request (Employee has the right to be accompanied by a colleague and should be informed of this right) Formal Procedure: Employee must have 26 weeks service; has not made a request in the previous 12 months; the change is permanent Informal Procedure Request: Is for any employee who does not want to make a formal request and has not made any request for flexible working in the last 12 months. Consider the employee s request and whether the proposed request can be accommodated or whether it will be refused Within 14 days of the meeting to discuss the application, Line Manager must confirm their decision with the employee. If request is refused, Line Manager needs to provide reason for the decision in writing and make specific reference to one of the grounds: additional cost; detrimental effect on ability to meet customer demand; inability to reorganise work amongst remaining staff; inability to recruit additional staff; detrimental impact on quality of performance; insufficiency of work during period employee wishes to work or planned structural changes If request is accepted, write the change of terms and conditions letter. Allow 14 days after notification of decision for receipt of appeal Hold appeal meeting within 14 days of receipt of notice of appeal Appeal panel to inform employee of its decision, in writing, 14 days after appeal meeting. 13 Appeal is final.

14 Flexible Working Application Form Appeal Appendix 2 Note to the Employee You should use this form to make an application to work flexibly. Before completing this form, you should first read the organisations and check that you are eligible to make a request You should note that it may take up to 14 weeks to consider an application before your request can be implemented and possibly longer where difficulties arise. You should therefore ensure that you submit your application to the appropriate person well in advance of the date you wish the request to take effect. It will help your manager to consider your request if you provide as much information as you can about your desired working pattern. It is important that you complete all the questions as otherwise your application may not be valid. When completing sections 3 and 4, think about what effect your change in working pattern will have both on the work that you do and on your colleagues. Once you have completed the form, you should immediately forward it to your manager (you might want to keep a copy for your own records). Your manager will then have 28 days (4 weeks) after the day your application is received in which to arrange a meeting with you to discuss your request. If the request is granted, this will be a permanent change to your terms and conditions unless otherwise agreed. Note to the Manager This is a formal application made under the legal right to apply for flexible working and the duty on employers to consider applications seriously. You have 28 calendar days (4 weeks) after the day you received this application in which to either agree to the request or arrange a meeting with your employee to discuss their request. You should confirm receipt of this application using the attached confirmation slip. 1. Personal Details (Please print) Name: Base: / / / / / / / / / / / / Payroll/Assignment No. CCG: Manager: To the employer I would like to apply to work a flexible working pattern that is different to my current working pattern. I confirm I meet all of the eligibility criteria in either section A or B or C below (Please tick as appropriate). 14

15 A. Appendix 2 (cont d) I wish to make a formal request for flexible working. I have worked continuously as an employee of the CCG for 26 weeks. I have not made a formal or informal request to work flexibly during the past 12 months. I understand this change is permanent OR B.. I wish to make an informal request for flexible working. I have worked continuously as an employee of the CCG for 26 weeks. I have not made a formal or informal request to work flexibly during the last 12 months. I understand this change is not permanent 2a. Describe your current working patterns (days/hours/times worked): 2b. Describe the working pattern you would like to work in future (days/hours/times worked): 2c. I would like this working pattern to commence from: (Date) 3. Impact of the new working pattern I think this change in my working pattern will affect the CCG and colleagues as follows: (Continue on a separate sheet if necessary). 4. Accommodating the new working pattern I think the effect on the CCG and colleagues can be dealt with as follows: 15

16 (Continue on a separate sheet if necessary). Employee Declaration (Please read then sign below) I declare that the information I have given on this form is correct and complete. I agree that the information I have provided may be exchanged with third parties and agree that the CCG may make enquiries as required in order to validate my request. I understand that providing false information in order to influence the decision relating to my request may constitute criminal and/or disciplinary offences, which, if proven, may result in appropriate criminal and/or disciplinary action being taken against me. Employee s Signature: Date: Name: (Please print) NOW PASS THIS APPLICATION TO YOUR MANAGER Cut this slip off and return it to your employee in order to confirm your receipt of their application Managers Confirmation of Receipt (to be completed and returned to employee) Employee s Name: (please print) Base: CCG: Dear I confirm that I received your request to change your work pattern on: (date) I shall be arranging a meeting to discuss your application within 28 calendar days (4 weeks) following this date. In the meantime you might want to consider whether you would like a fellow colleague to accompany you at the meeting. Manager s Signature: Date: Name: (Please print) 16

17 ASSISTANCE WITH THE APPLICATION OF THIS POLICY AND UPDATES This policy has been prepared so as to reflect the law as at 1 October The policy will require periodic review to reflect subsequent changes to the law. Changes to employment law have generally been made on 1 February, 1 April and 1 October in any given year. For advice and assistance in relation to the application of this policy and to obtain updates please contact: Your line manager in the first instance or AGEM HR Business Partners. This policy has been prepared by NHS Nottingham West Clinical Commissioning Group in partnership with Beachcroft LLP and AGEM Human Resources Business Partners. 17